The Case for the Transition to the Extraordinary Goods Regime
Spouses can legally sign a property regime agreement ”together” at any time.
They have the right to change the existing property regime between them within the limits they have Dec
. However, in some cases, the existing property regime between Dec
it may be necessary to change, change without the spouses acting “together”. If the spouses have chosen one of the regimes of participation in acquired goods, separation of shared goods, partnership of goods, or have not entered into a contract of property regime, they are subject to the regime of participation in acquired goods according to the law.
If they have been; in changing the current property regime between Dec
, even if they do not have a common request, in some cases there are
The transformation of the goods regime into a “separation of goods” regime is regulated as an extraordinary goods regime in our law. For example,
in case of bankruptcy of one of the spouses with the ”property partnership” regime, the property partnership regime will spontaneously turn into a property separation regime by bankruptcy decision (TMK m. 209). From spouses who have accepted a property partnership
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the creditor, who is engaged in enforcement proceedings against someone, in the implementation of the pledge right
in the event of a loss, he/she may request the judge to issue a “separation of property” decision (TMK m. 210). If one of the spouses has been permanently deprived of the authority to discriminate; his legal representative TMK m.
according to 206, he will be able to file a property separation lawsuit. TMC 206.
If there is a justifiable reason shown in the article or a similar article, by the family court at the request of one of the spouses. Spouses
it may be decided to convert the existing goods regime into a “separation of goods” Decoupled between the two. The importance of this case is as follows: if this case is accepted and the decision is finalized, other lawsuits will be filed for the liquidation of the property regime, even though the marital union between the spouses continues Decertification,
the basis can be examined.
Responsible for the transition to the extraordinary property regime (separation of goods) case
the court is a family court and is subject to a fixed court fee and a fixed attorney’s fee. The competent court, any of the spouses
it is the settlement court (TMK m. 207).